'Taking the lead'

Ms Khan put it to the complainant that she was “taking the lead” during her consensual sex with Clayton McDonald.

The woman said she could not remember.

Mr McDonald was acquitted of rape after the original trial.

In the earlier trial both Evans and Mr McDonald were both accused of rape. They were not charged jointly but were charged separately.

In his opening Mr Medland told the jury: “There were at the time of the original trial, and now, different considerations for Ched Evans because the facts in respect of his actions and movements were different to those of Clayton McDonald.

“He had not been in the taxi with the complainant on the way to the hotel. She had not gone into the hotel with him. She had not gone into the room with him.”

He added: “We submit she was that intoxicated - for whatever reason - that she really didn’t know what on earth was happening and that what the facts of this case show is that she was raped by this young footballer in that room in Rhuddlan, not that she had consented to sex with him.

“It is not a proper description, we suggest, to say that he had sex with her. It is more accurate to say that he did sex to her. Sex without consent is rape.”

15:23Laura Connor

'Playful' tone

During his opening, prosecutor Mr Medland said a hotel receptionist had walked past the room where the alleged incident occurred and heard noises of people having sex inside.

The prosecutor said the complainant, Clayton McDonald, and Ched Evans were inside the room.

“There was no female voiced reply to this but he could hear higher-pitched sounds, like squealing.

“Having not got an answer to that question the same male voice asked ‘No?’ in an enquiring tone.”

Defence barrister Ms Khan put it to the complainant the tone was “playful”.

15:21Laura Connor

'Consensual' claim by defence

Defence barrister Judith Khan put it to the complainant that when she was having sex with Mr McDonald after they returned to the hotel room together he asked if his friend Ched Evans could “join in” the intercourse and she agreed.

The complainant said she did not remember that happening.

Ms Khan suggested the woman had “lost her inhibitions” due to drink.

The defence barrister said: “You had sex with Mr Evans and it was consensual. Do you remember that at all?”

The complainant said she did not.

15:12Laura Connor

Questions over whether complainant 'incapable of making decisions'

Ms Khan is asking about a text message the complainant sent to a friend.

She said: “You will accept at that time, you were capable of texting, spelling it all correctly and putting a kiss at the end?”

The complainant agreed.

The defence barrister put it to the woman she was able to order food in the takeaway, although she was in “memory blackout”.

The woman said she could not remember.

Ms Khan then asked about the complainant’s actions in the taxi. The court heard she was told by the driver she could not eat pizza in the back so got out and into the front seat.

The defence barrister said: “You were capable of understanding instructions and understanding what was being said?”

The complainant agreed.

Ms Khan said: “Looking at all of those actions, although you were in memory blackout, that does not mean you were unconscious, incapable of movement, incapable of making decisions?”